Kerala Industrial Establishments (National and Festival Holidays) Act (for brevity, the act) came into force on 29-12-1988, providing for seven paid holidays, comprised of three national and four festival holidays. National holidays are Republic Day (26th of January), May Day (1st of May), and Independence Day (15th of august). Kerala Industrial Establishments (National and Festival Holidays) Amendment Act, 1990 (for short, Amendment act) increased the national holidays from three to four with the addition of Gandhi Jayanthi, birthday of the Father of the Nation, foiling on 2nd of October. Festival holidays were increased from four to nine. Constitutional validity of the Amendment Act is under challenge in these original petitions. At the time of arguments, all concerned made it clear that Gandhi Jayanthi may continue as a national holiday Challenge was, therefore, confined to the addition of five festival holidays.

2. The Act is applicable to industrial establishments, which take in plantations also. Some of the petitioners are plantations and some are industrial or commercial establishments. Challenge is that Amendment Act is violative of Arts.14 and 19(1)(g) of the Co